- 1 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 2672 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: BASHA @ KALANDAR BASHA S/O. N.P SHEIKABBA AGED ABOUT 39 YEARS, R/AT 14-275/1, KUMER HOUSE, B.MOODA, BANTWAL TALUK D.K DISTRICT - 574 219. …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION, D. K. DISTRICT. REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP A/W SMT. ANITHA GIRISH, HCPG) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN SC.NO.139/2017 [CRME NO.318/2012] OF MANGALURU RURAL POLICE STATION, D.K DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 341, 342, 395, 411, 412, 414 R/W 34 OF INDIAN PENAL CODE PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K MANGALURU AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is accused No.7 in S.C.No.139/2017 (Crime No.318/2012) of Mangaluru Rural Police Station, D.K. District, for the offences punishable under Sections 120(B), 341, 342, 395, 411 412, 414 read with Section 34 of IPC is before this Court seeking grant of regular bail. 2. The case of the prosecution is that a complaint dated 22.11.2012 was filed alleging that the complainant is having a steel shop by name Jasco Steel at Virajpet, Kodagu District. That he had purchased steel from Bhatkal, which was transported in a lorry bearing No.KA-20-A-9151, which was belonging to one Mahadev through one Manjunath, who is the driver and Mahesh is the cleaner. That on 20.11.2012, complainant had informed them to transport 14 tons of iron rod from Bhatkal from a shop by name Rifco Steels which was loaded at 07.00 p.m. which was to reach on the next morning to Madikeri. - 3 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 3. That on 21.11.2012 at about 12.30 p.m. he received a call from driver informing him that at Kannur check post, about 3 to 4 persons had intercepted the lorry in a car, shown the pistol to driver and the cleaner. Thereafter taken them away and had dropped them at Uppinangady and had committed theft of the steel. 4. Learned counsel for the petitioner submits that in the FIR, name of the accused has not been mentioned. However, in the charge sheet, he is arraigned as accused No.7. He refers to page 28 of the compilation to point out the allegation made against accused No.7 and submits that even according to the prosecution, accused No.7-petitioner herein had merely unloaded the Steel from the lorry. That itself cannot be ground to implicate him in the case involving the offences of this nature. He submits as regard to accused No.12 who had facilitated sale of the steel, has been released on bail. Proceedings against accused Nos. 8, 9, 4 and 11 have been stayed. He submits that all are on bail. - 4 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 5. Learned Addl. SPP on the other hand submitted that the petitioner herein was earlier granted bail and had not complied with the terms. As such, he was re-arrested. If he is granted bail, he would repeat the same, and will not be available for trial. 6. Heard. Perused the records. 7. The allegation against the accused No.7 as seen at charge sheet are as under; "6
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ೆ. 7£Éà DgÉÆæ ¨ÁµÁ AiÀiÁ£É PÀ®AzÀgï ¨ÁµÁ: FvÀ£ÀÄ 6£Éà DgÉÆæ E«ÄÛAiÀiÁeï£À eÉÆvÉ ¸ÉÃj DvÀ£ÀÄ £ÀqɹzÀ jÃwAiÀÄ°èAiÉÄà vÀQëÃgÀÄ £ÀqɹgÀÄvÁÛ£É." 8. Clearly according to prosecution, the role of the accused No.7-petitioner herein is only in unloading the steel, nothing else has been attributed. - 5 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 9. Learned counsel for the petitioner in response to the objection raised by the State submitted that on earlier occasion though he had furnished the surety, he could not appear, as he had gone to Mumbai for his work. Considering the allegation made against the petitioner of his role being only of unloading the steel and in the absence of any other allegation against him in commission of the alleged offence, this Court deems it appropriate to allow the petition. 10. Accordingly, the following; ORDER (i) Criminal Petition is allowed. (ii) The accused/petitioner is directed to be enlarged on bail in S.C.No.139/2017 (Crime No.318/2012) of Mangalore Rural Police Station, D.K ,District registered for the offences punishable under Sections 120B, 341, 342, 395, 411, 412, 414 read with Section 34 of IPC subject to the following conditions: a) the accused No.7/petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with - 6 - HC-KAR NC: 2026:KHC:22969 CRL.P No. 2672 of 2026 two local sureties for the likesum, to the satisfaction of the jurisdictional Court; b) He shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) He shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) He shall not involve in similar offences in future; e) He shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 2 Sl No.: 9